Frequently asked questions

Frequently asked questions

We solve all your doubts about digital certificates and electronic signatures

Electronic signature: Simple, Advanced or Qualified

Electronic signature or digital signature?

It will depend on the legal system in which you are in. In Europe only the term electronic signature (simple, advanced or qualified) is limited, while in some Latin American laws,  both terms are used

What is the electronic signature?

An electronic signature is an indication of a person's intention to accept the content of a document or set of data with which the signature relates. Like the handwritten signature on paper, an electronic signature is a legal concept that takes the signatory's intent to be bound to the terms of the signed document.

What is the difference between a qualified electronic signature and an advanced or simple electronic signature?

The qualified electronic signature is the type of signature that enjoys the highest legal guarantees and therefore, is the most appropriate for the signing of any contract, document or transaction that requires such guarantees. It can only be done with qualified digital certificates issued by a duly accredited Trust Service Provider. For this reason, the qualified electronic signature is considered by law the equivalent of the handwritten signature. It has full legal value and guarantees the enforceability of a document against third parties. The advanced electronic signature can be made with different technologies, such as biometric signatures or digital certificates. In particular, the use of qualified digital certificates is the safest mechanism for this type of signature, since it directly guarantees the integrity of the signed document in the process. The simple electronic signature is done with the data in electronic format attached to other electronic data or logically associated with them that the signer uses to sign. However, there is no evidence of who the signer has actually been.

When is it preferable to use the qualified electronic signature?

Wherever a signature is necessary with all the legal and security guarantees that whoever signs it really is who they claim to be. You can use it to electronically sign any contract, document or transaction such as labor and commercial contracts, bank contracts, updating bank details, insurance policies.

When is it preferable to use the advanced electronic signature?

Where it is not necessary to guarantee equivalence to the handwritten signature, with all the legal and security guarantees of who made the signature. You can use it to sign or seal electronic invoices, documents such as informed consent, emails, etc.

When is it preferable to use the simple electronic signature?

Where it is not necessary to guarantee the enforceability of a document against third parties. You can use it to seal internal authorisations within a company, budget or expense approvals.

What difference in focus of the use of the electronic signature is there between the US and Europe?

There is a notable difference in legal focus. US law allows a broad definition of electronic signatures and does not prescribe a specific technology. On the contrary, the EU eIDAS Regulation distinguishes between three types of electronic signature approaches and preferably the qualified electronic signature for the majority of documents. In addition, there are more recommended guidelines for specific government processes that require electronic signatures.

I have some doubts over what type of signature to implement in my organisation. Who can I talk to to solve them?

Call us at 935 272 290 or contact us through the email and we will advise you according to your need.